Manish Sharma vs State Of Madhya Pradesh on 31 July, 2026

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    Madhya Pradesh High Court

    Manish Sharma vs State Of Madhya Pradesh on 31 July, 2026

                                                                        1             W.P. No. 4334 of 2013
    
                                IN THE          HIGH COURT                  OF MADHYA PRADESH
                                                           AT G WA L I O R
                                                                     BEFORE
                                      HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
                                                       ON THE 31st OF JULY, 2026
    
                                                   WRIT PETITION No. 4334 of 2013
    
                                                      MANISH SHARMA
                                                           Versus
                                            STATE OF MADHYA PRADESH AND OTHERS
    
    
                             Appearance:
                             Shri Rishikesh Bohare - Advocate for the petitioner.
                             Shri K.S. Tomar - Government Advocate for respondents/State.
    
                                                                     ORDER
    

    Present petition under Article 226 of the Constitution of India has been
    filed seeking the following reliefs:-

    “(1) That, impugned orders dated 28-07-12, 12-10-11 and 24-12-10
    (contained in Ann. P/1, P/2 & P/3) may kindly be quashed/set-aside.
    (2) That, respondents’ authorities may kindly be directed to pay the
    petitioner, arrears of salary for the period of suspension i.e. 03-06-

    2010 to 11-08-2010 and also to grant benefit of increment and salary
    which is withheld by the impugned order dated 24-12-10 (contained in
    Ann.P/3).

    SPONSORED

    (3) That, any other relief which this Hon’ble Court deems fit in the
    facts and circumstances of the case may kindly be granted in the

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    interest of justice. Cost of the petition may kindly be granted to the
    petitioner.”

    2. Learned counsel for the petitioner submits that at the relevant point of
    time, petitioner was posted as Constable in the Department of Police at District
    Guna. Initially, in Guna-Bhaskar daily news paper dated 03.06.2010, a
    photograph with short news has been published, whereby it is shown that a
    Constable is receiving something from a person sitting in Truck overloaded
    with dry grass and permitting said truck to enter into no-entry Zone. Thereafter,
    S.P., Guna suspended the petitioner vide order dated 03.06.2010 and
    preliminary enquiry has been conducted and thereafter, S.P., Guna issued
    charge-sheet dated 29.06.2010 against the petitioner and petitioner submitted
    reply to the charge-sheet. Thereafter, the Inquiry Officer has been appointed and
    statements of witnesses have been recorded and the Inquiry Officer completed
    the enquiry. Thereafter, S.P., Guna issued a show cause notice dated 07.12.2010
    and petitioner submitted reply to the show cause notice. Thereafter, the
    disciplinary authority issued a punishment order dated 24.12.2010 (Annexure P-

    3) and punishment of withholding one annual increment with cumulative effect
    has been imposed and thereafter petitioner preferred an appeal and the same has
    been rejected vide order dated 12.10.2011 (Annexure P-2). Thereafter,
    petitioner preferred mercy petition, that too has been rejected vide order dated
    28.07.2012 (Annexure P-1).

    2.1 Learned counsel for the petitioner submitted that Presenting Officer has
    not been appointed and Inquiry Officer has cross-examined the witnesses and
    the petitioner and the Truck Driver or Cleaner have not been identified nor they
    have been examined by the prosecution. Amit Sharma, who has taken the photo,

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    has not identified the petitioner and further submitted that said Truck did not
    enter in the city after the said incident, but proceeded towards A.B. Road,
    therefore, it is submitted that the disciplinary authority as well as the Inquiry
    Officer overlooked the material part in the statements of Kailash Narayan and
    Constable Rajendra Singh.

    3. Per contra, learned counsel for the respondents submitted that the charges
    levelled against the petitioner have been proved in the enquiry report and the
    Inquiry Officer had not cross-examined the witnesses. He had only asked some
    questions from the witnesses as well as from the petitioner. It is further
    submitted that the punishment order was passed after following the due
    procedure of law and a reasoned and speaking order was passed by the
    Disciplinary Authority. Thereafter, the appellate authority also considered each
    and every ground raised by the petitioner in the appeal memo and rejected the
    appeal.

    3.1 Learned counsel for respondents further submits that the Inquiry Officer
    conducted a fair enquiry, provided proper opportunity of hearing by following the
    principles of natural justice and the petitioner duly participated in the
    proceedings, presented his defence, submissions, and also examined the
    witnesses before the Inquiry Officer. It is further submitted that the petitioner has
    not pointed out any statutory Rule or Act, which was not followed by the Inquiry
    Officer. Thereafter, the disciplinary authority rightly imposed the punishment.
    The disciplinary authority as well as the appellate authority passed their orders
    after considering the entire record relating to the departmental enquiry. It is
    settled law that this Court, under Article 226 of the Constitution of India, is not
    empowered to act as an appellate court and the grounds stated in the writ petition

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    are contrary to settled service jurisprudence. Neither any violation of the
    principles of natural justice nor any bias is reflected.

    4. Heard the learned counsel for the parties and perused the record.

    5. The first question for consideration is as to whether the departmental
    enquiry would vitiate on account of non appointment of presenting officer or not?

    6. The said question is no more res integra. This Court by order dated
    25.02.2020 passed in case of Ramnaresh Sharma Vs. State of M.P. and Ors.
    decided in W.P. No.7634/2013 has held as under :-

    “(9) It is next contended by the counsel for the petitioner
    that since the defence witnesses were cross-examined by the
    Inquiry Officer himself, therefore, the entire Departmental
    Enquiry is vitiated. To buttress his contention, the counsel for
    the petitioner has relied upon the judgment passed by the
    Coordinate Bench of this Court in the case of Parmal Singh
    Tomar vs. State of MP and Others
    [Writ Petition No. 2918
    of 2017], decided on 13/12/2018.
    The Coordinate Bench of
    this Court, after considering the judgment passed by the
    Division Bench of this Court in the case of Union of India
    Vs. Mohd. Naseem Siddiqui
    , reported in 2005 (1) LLJ 931,
    has observed as under:-

    ”4. The petitioner placed reliance on the decision of
    the Division Bench of this Court in Union of India Vs.
    Mohd. Naseem Siddiqui
    , 2005 (1) LLJ 931 para 16 of
    which is relevant to emphasise the extent to which the
    Inquiry Officer can ask questions to different stakeholders
    in a departmental inquiry and as to when such questioning
    can become a legitimate cause for delinquent employees to
    the ground of bias on the part of Inquiry Officer. Relevant
    para 16 of the said judgment is reproduced below:-
    We may summarise the principles thus:

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    (i) The Inquiry Officer, who is in the position of a
    Judge shall not act as a Presenting Officer, who is in the
    position of a prosecutor.

    (ii) It is not necessary for the Disciplinary Authority
    to appoint a Presenting Officer in each and every inquiry.

    Non-appointment of a Presenting Officer, by itself will not
    vitiate the inquiry.

    (iii) The Inquiry Officer, with a view to arrive at the
    truth or to obtain clarifications, can put questions to the
    prosecution witnesses as also the defence witnesses. In the
    absence of a Presenting Officer, if the Inquiry Officer puts
    any questions to the prosecution witnesses to illicit the
    facts, he should thereafter permit the delinquent employee
    to cross-examine such witnesses on those clarifications.

    (iv) If the Inquiry Officer conducts a regular
    examination-if-chief by leading the prosecution witnesses
    through the prosecution case, or puts leading questions to
    the departmental witnesses pregnant with answers, or
    cross-examines the defence witnesses or puts suggestive
    questions to establish the prosecution case employee, the
    Inquiry Officer acts as prosecutor thereby vitiating the
    inquiry.

    (v) As absence of a presenting Officer by itself will
    not vitiate the inquiry and it is recognized that the Inquiry
    Officer can put questions to any or all witnesses to elicit
    the truth, the question whether an Inquiry Officer acted as
    a Presenting Officer, will have to be decided with reference
    to the manner in which the evidence is led in any recorded
    in the inquiry.

    Whether an Inquiry Officer has merely acted only as
    an Inquiry Officer or has also acted as a Presenting Officer
    depends on the facts of each case. To avoid any allegations
    of bias and running the risk of inquiry being declared as
    illegal and vitiate, the present trend appears to be to
    invariably appoint Presenting Officers, except in simple
    cases.

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    5. Issue of similar kind was considered by a
    coordinate Bench of this Court in the case of Ram
    Prakash Gaya Prasad Vs. State of M.P. and others
    ,
    2008(4) MPLJ 35 and Ramesh Chand Rathore V. State
    of M.P. and others
    , 2010 (II) MPWN 80, relevant paras
    of which are reproduced below:-

    Ram Prakash Gaya Prasad Vs. State of M.P. and
    others
    :

    11. In the present case, it is evident from a
    perusal of the enquiry proceedings that no
    Presenting Officer was appointed by the disciplinary
    authority. The evidence on behalf of the disciplinary
    authority has been presented by the Enquiry Officer,
    by conducting a regular examination-if-chief of
    prosecution witnesses by taking them through the
    prosecution case. The Enquiry Officer has also
    conducted in the present case regular cross-

    examination of the defence witnesses. The Enquiry
    Officer has also conducted the crossexamination of
    the delinquent government servant. It is not a case
    where the Enquiry Officer in the absence of the
    Presenting Officer has simply put clarificatory
    questions to the delinquent government servant.
    Ramesh Chand Rathore V. State of M.P. And
    others
    :

    6. Keeping in view the judgment delivered by this
    Court and also keeping in view the record crelating to
    Departmental Enquiry Proceedings, it is evident that the
    Inquiry Officer has in the present case conducted regular
    cross-examination of witness and he has also conducted
    the crossexamination of the delinquent government
    servant. It is not a case where the Inquiry Officer has
    simply asked clarificatory questions to the delinquent
    government servant. Meaning thereby, the Inquiry Officer,
    has assumed the role of the prosecutor while acting as a
    judge in the departmental enquiry proceedings.

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    7. The Inquiry Officer is an independent arbiter who
    ordinarily is supposed to remain aloof and not involve
    himself especially in the process of examination or
    crossexamination of any particular witness much less a
    defence witness. However, the Inquiry Officer is
    authorized to ask question on certain exceptional occasions
    where things have to be clarified or where Inquiry Officer
    feels that asking of question to a witness would be in the
    interest of justice and to ascertain the truth behind the
    charges.

    7.1 In the instant case, Inquiry Officer has indulged
    in the act of cross-examining the defence witness which
    reflects his partisan character. The Inquiry Officer herein
    gives an impression that he is favourably inclined towards
    the prosecution and therefore, became biased against the
    defence.” (10) The judgment passed by Division Bench of
    this Court in the case of Mohd. Naseem Siddiqui (supra)
    was approved by the Supreme Court in the case of Union
    of India and Others vs. Ram Lakhan Sharma
    , reported
    in (2018) 7 SCC 670 and has held as under:-

    ”34. We fully endorse the principles as
    enumerated above, however, the principles have to
    be carefully applied in fact situation of a particular
    case………………”
    (12) Further, the counsel for the petitioner could not point
    out as to what prejudice was caused to him if clarificatory
    cross-examination was done by the Inquiry Officer.

    Accordingly, this Court is of the considered opinion that the
    cross-examination done by the Inquiry Officer is merely
    clarificatory in nature and he has not acted as a Prosecutor and
    did not act in any manner as if he was interested in eliciting
    evidence to punish the employee.”

    7. Even if the judgment of the Division Bench of this Court relied upon by
    the learned counsel for the petitioner (respondent herein) in the case of Mohd.

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    Naseem Siddiqui (supra) is taken into consideration, even then also Division
    Bench of this Court has summarized the principles as under :-

    “We may summarise the principles thus:

    (i) The Inquiry Officer, who is in the position of a Judge
    shall not act as a Presenting Officer, who is in the position of a
    prosecutor.

    (ii) It is not necessary for the Disciplinary Authority to
    appoint a Presenting Officer in each and every inquiry.

    Nonappointment of a Presenting Officer, by itself will not
    vitiate the inquiry.

    (iii) The Inquiry Officer, with a view to arrive at the truth or
    to obtain clarifications, can put questions to the prosecution
    witnesses as also the defence witnesses. In the absence of a
    Presenting Officer, if the Inquiry Officer puts any questions to
    the prosecution witnesses to elicit the facts, he should thereafter
    permit the delinquent employee to cross-examine such
    witnesses on those clarifications.

    (iv) If the Inquiry Officer conducts a regular examination-
    in-chief by leading the prosecution witnesses through the
    prosecution case, or puts leading questions to the departmental
    witnesses pregnant with answers, or crossexamines the defence
    witnesses or puts suggestive questions to establish the
    prosecution case employee, the Inquiry Officer acts as
    prosecutor thereby vitiating the inquiry.

    (v) As absence of a Presenting Officer by itself will not
    vitiate the inquiry and it is recognised that the Inquiry Officer
    can put questions to any or all witnesses to elicit the truth, the
    question whether an Inquiry Officer acted as a Presenting
    Officer, will have to be decided with reference to the manner in
    which the evidence is let in and recorded in the inquiry.
    Whether an Inquiry Officer has merely acted only as an
    Inquiry Officer or has also acted as a Presenting Officer
    depends on the facts of each case. To avoid any allegations of
    bias and running the risk of inquiry being declared as illegal
    and vitiated, the present trend appears to be to invariably

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    appoint Presenting Officers, except in simple cases. Be that as it
    may.”

    8. Therefore, it is settled in law that non-appointment of Presenting Officer
    does not render the departmental enquiry vitiated automatically. It is to be seen in
    peculiar fact situation of each case.

    9. Perusal of record indicates that Inquiry Officer never over reached in any
    manner. He neither put leading questions before the prosecution witnesses nor
    interrupted the petitioner (delinquent employee) to disturb the cross-examination.
    Even employee’s statement was taken and he was permitted to produce defence
    evidence also. In fact, petitioner never raised any point regarding malice or
    malafide intention of the Inquiry Officer. Therefore, once Inquiry Officer acted in
    just and fair manner giving adequate opportunity of hearing and to lead evidence
    to the petitioner and did not manipulate witnesses, then case of the petitioner
    goes which is solely based upon non-appointment of Presenting Officer. This
    Court holds that in given set of facts, non-appointment of Presenting Officer for
    conducting enquiry does not vitiate the departmental enquiry and the enquiry was
    carried out in accordance with law.

    10. Further, this Court would like to consider the scope of interference by this
    Court in departmental matters.

    11. The Supreme Court in the case of State of Karnataka and another Vs.
    N. Gangraj
    reported in (2020) 3 SCC 423 has held as under:

    “8. We find that the interference in the order of punishment by the
    Tribunal as affirmed by the High Court suffers from patent error. The
    power of judicial review is confined to the decision-making process.
    The power of judicial review conferred on the constitutional court or
    on the Tribunal is not that of an appellate authority.

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    9. In State of A.P. v. S. Sree Rama Rao, AIR 1963 SC 1723, a three-
    Judge Bench of this Court has held that the High Court is not a court
    of appeal over the decision of the authorities holding a departmental
    enquiry against a public servant. It is concerned to determine
    whether the enquiry is held by an authority competent in that behalf,
    and according to the procedure prescribed in that behalf, and
    whether the rules of natural justice are not violated. The Court held
    as under : (AIR pp. 1726-27, para 7)
    “7. … The High Court is not constituted in a proceeding
    under Article 226 of the Constitution a court of appeal over
    the decision of the authorities holding a departmental
    enquiry against a public servant : it is concerned to
    determine whether the enquiry is held by an authority
    competent in that behalf, and according to the procedure
    prescribed in that behalf, and whether the rules of natural
    justice are not violated. Where there is some evidence,
    which the authority entrusted with the duty to hold the
    enquiry has accepted and which evidence may reasonably
    support the conclusion that the delinquent officer is guilty of
    the charge, it is not the function of the High Court in a
    petition for a writ under Article 226 to review the evidence
    and to arrive at an independent finding on the evidence.”

    10. In B.C. Chaturvedi v. Union of India, (1995) 6 SCC 749 : 1996
    SCC (L&S) 80], again a three-Judge Bench of this Court has held
    that power of judicial review is not an appeal from a decision but a
    review of the manner in which the decision is made. Power of
    judicial review is meant to ensure that the individual receives fair
    treatment and not to ensure that the conclusion which the authority
    reaches is necessarily correct in the eyes of the court. The
    court/tribunal in its power of judicial review does not act as an
    appellate authority to reappreciate the evidence and to arrive at its
    own independent findings on the evidence. It was held as under :

    (SCC pp. 759-60, paras 12-13)
    “12. Judicial review is not an appeal from a decision
    but a review of the manner in which the decision is made.

    Power of judicial review is meant to ensure that the

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    individual receives fair treatment and not to ensure that
    the conclusion which the authority reaches is necessarily
    correct in the eye of the court. When an inquiry is
    conducted on charges of misconduct by a public servant,
    the Court/Tribunal is concerned to determine whether the
    inquiry was held by a competent officer or whether rules
    of natural justice are complied with. Whether the findings
    or conclusions are based on some evidence, the authority
    entrusted with the power to hold inquiry has jurisdiction,
    power and authority to reach a finding of fact or
    conclusion. But that finding must be based on some
    evidence. Neither the technical rules of the Evidence Act
    nor of proof of fact or evidence as defined therein, apply
    to disciplinary proceeding. When the authority accepts
    that evidence and conclusion receives support therefrom,
    the disciplinary authority is entitled to hold that the
    delinquent officer is guilty of the charge. The
    Court/Tribunal in its power of judicial review does not
    act as appellate authority to reappreciate the evidence and
    to arrive at its own independent findings on the evidence.
    The Court/Tribunal may interfere where the authority
    held the proceedings against the delinquent officer in a
    manner inconsistent with the rules of natural justice or in
    violation of statutory rules prescribing the mode of
    inquiry or where the conclusion or finding reached by the
    disciplinary authority is based on no evidence. If the
    conclusion or finding be such as no reasonable person
    would have ever reached, the Court/Tribunal may
    interfere with the conclusion or the finding, and mould
    the relief so as to make it appropriate to the facts of each
    case.

    13. The disciplinary authority is the sole judge of facts.
    Where appeal is presented, the appellate authority has co-
    extensive power to reappreciate the evidence or the
    nature of punishment. In a disciplinary inquiry, the strict
    proof of legal evidence and findings on that evidence are
    not relevant. Adequacy of evidence or reliability of
    evidence cannot be permitted to be canvassed before the

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    Court/Tribunal. In Union of India v. H.C. Goel, (1964) 4
    SCR 718 : AIR 1964 SC 364, this Court held at p. 728
    that if the conclusion, upon consideration of the evidence
    reached by the disciplinary authority, is perverse or
    suffers from patent error on the face of the record or
    based on no evidence at all, a writ of certiorari could be
    issued.”

    11. In High Court of Bombay v. Shashikant S. Patil, (2000) 1 SCC
    416 : 2000 SCC (L&S) 144, this Court held that interference with the
    decision of departmental authorities is permitted if such authority
    had held proceedings in violation of the principles of natural justice
    or in violation of statutory regulations prescribing the mode of such
    enquiry while exercising jurisdiction under Article 226 of the
    Constitution. It was held as under : (SCC p. 423, para 16)
    “16.
    The Division Bench [Shashikant S. Patil v. High
    Court of Bombay, 1998 SCC OnLine Bom 97 : (2000) 1
    LLN 160] of the High Court seems to have approached
    the case as though it was an appeal against the order of
    the administrative/disciplinary authority of the High
    Court. Interference with the decision of departmental
    authorities can be permitted, while exercising jurisdiction
    under Article 226 of the Constitution if such authority
    had held proceedings in violation of the principles of
    natural justice or in violation of statutory regulations
    prescribing the mode of such enquiry or if the decision of
    the authority is vitiated by considerations extraneous to
    the evidence and merits of the case, or if the conclusion
    made by the authority, on the very face of it, is wholly
    arbitrary or capricious that no reasonable person could
    have arrived at such a conclusion, or grounds very similar
    to the above. But we cannot overlook that the
    departmental authority (in this case the Disciplinary
    Committee of the High Court) is the sole judge of the
    facts, if the enquiry has been properly conducted. The
    settled legal position is that if there is some legal
    evidence on which the findings can be based, then
    adequacy or even reliability of that evidence is not a

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    matter for canvassing before the High Court in a writ
    petition filed under Article 226 of the Constitution.”

    12. In State Bank of Bikaner & Jaipur v. Nemi Chand Nalwaya,
    (2011) 4 SCC 584:(2011) 1 SCC (L&S) 721, this Court held that the
    courts will not act as an appellate court and reassess the evidence led
    in the domestic enquiry, nor interfere on the ground that another
    view is possible on the material on record. If the enquiry has been
    fairly and properly held and the findings are based on evidence, the
    question of adequacy of the evidence or the reliable nature of the
    evidence will not be ground for interfering with the findings in
    departmental enquiries. The Court held as under:(SCC pp. 587-88,
    paras 7 & 10)
    “7. It is now well settled that the courts will not act as
    an appellate court and reassess the evidence led in the
    domestic enquiry, nor interfere on the ground that
    another view is possible on the material on record. If the
    enquiry has been fairly and properly held and the
    findings are based on evidence, the question of adequacy
    of the evidence or the reliable nature of the evidence will
    not be grounds for interfering with the findings in
    departmental enquiries. Therefore, courts will not
    interfere with findings of fact recorded in departmental
    enquiries, except where such findings are based on no
    evidence or where they are clearly perverse. The test to
    find out perversity is to see whether a tribunal acting
    reasonably could have arrived at such conclusion or
    finding, on the material on record. The courts will
    however interfere with the findings in disciplinary
    matters, if principles of natural justice or statutory
    regulations have been violated or if the order is found to
    be arbitrary, capricious, mala fide or based on extraneous
    considerations.
    (Vide B.C. Chaturvedi v. Union of India,
    (1995) 6 SCC 749 : 1996 SCC (L&S) 80, Union of India
    v. G. Ganayutham
    , (1997) 7 SCC 463 : 1997 SCC (L&S)
    1806 and Bank of India v. Degala Suryanarayana
    ,
    (1999) 5 SCC 762 : 1999 SCC (L&S) 1036, High Court

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    of Bombay v. Shashikant S. Patil, (2000) 1 SCC 416 :

    2000 SCC (L&S) 144].)
    * * *

    10. The fact that the criminal court subsequently
    acquitted the respondent by giving him the benefit of
    doubt, will not in any way render a completed
    disciplinary proceeding invalid nor affect the validity of
    the finding of guilt or consequential punishment. The
    standard of proof required in criminal proceedings being
    different from the standard of proof required in
    departmental enquiries, the same charges and evidence
    may lead to different results in the two proceedings, that
    is, finding of guilt in departmental proceedings and an
    acquittal by giving benefit of doubt in the criminal
    proceedings. This is more so when the departmental
    proceedings are more proximate to the incident, in point
    of time, when compared to the criminal proceedings. The
    findings by the criminal court will have no effect on
    previously concluded domestic enquiry. An employee
    who allows the findings in the enquiry and the
    punishment by the disciplinary authority to attain finality
    by nonchallenge, cannot after several years, challenge the
    decision on the ground that subsequently, the criminal
    court has acquitted him.”

    13. In another judgment reported as Union of India v. P.
    Gunasekaran
    , (2015) 2 SCC 610 : (2015) 1 SCC (L&S) 554, this
    Court held that while reappreciating evidence the High Court cannot
    act as an appellate authority in the disciplinary proceedings. The
    Court held the parameters as to when the High Court shall not
    interfere in the disciplinary proceedings : (SCC p. 617, para 13)
    “13. Under Articles 226/227 of the Constitution of India,
    the High Court shall not:

    (i) reappreciate the evidence;

    (ii) interfere with the conclusions in the enquiry, in case
    the same has been conducted in accordance with law;

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    (iii) go into the adequacy of the evidence;

    (iv) go into the reliability of the evidence;

    (v) interfere, if there be some legal evidence on which
    findings can be based.

    (vi) correct the error of fact however grave it may appear
    to be;

    (vii) go into the proportionality of punishment unless it
    shocks its conscience.”

    14. On the other hand the learned counsel for the respondent relies
    upon the judgment reported as Allahabad Bank v. Krishna Narayan
    Tewari
    , (2017) 2 SCC 308 : (2017) 1 SCC (L&S) 335, wherein this
    Court held that if the disciplinary authority records a finding that is
    not supported by any evidence whatsoever or a finding which is
    unreasonably arrived at, the writ court could interfere with the
    finding of the disciplinary proceedings. We do not find that even on
    touchstone of that test, the Tribunal or the High Court could interfere
    with the findings recorded by the disciplinary authority It is not the
    case of no evidence or that the findings are perverse. The finding
    that the respondent is guilty of misconduct has been interfered with
    only on the ground that there are discrepancies in the evidence of the
    Department. The discrepancies in the evidence will not make it a
    case of no evidence. The inquiry officer has appreciated the evidence
    and returned a finding that the respondent is guilty of misconduct.

    15. The disciplinary authority agreed with the findings of the enquiry
    officer and had passed an order of punishment. An appeal before the
    State Government was also dismissed. Once the evidence has been
    accepted by the departmental authority, in exercise of power of
    judicial review, the Tribunal or the High Court could not interfere
    with the findings of facts recorded by reappreciating evidence as if
    the courts are the appellate authority. We may notice that the said
    judgment
    has not noticed the larger Bench judgments in State of A.P.
    v. S. Sree Rama Rao
    , AIR 1963 SC 1723 and B.C. Chaturvedi v.
    Union of India, (1995) 6 SCC 749 : 1996 SCC (L&S) 80 as
    mentioned above. Therefore, the orders passed by the Tribunal and

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    the High Court suffer from patent illegality and thus cannot be
    sustained in law.”

    12. The Supreme Court in the case of State Bank of India and others Vs.
    Ramesh Dinkar Punde
    reported in (2006) 7 SCC 212 has held a under:

    “6. Before we proceed further, we may observe at this stage that it is
    unfortunate that the High Court has acted as an Appellate Authority
    despite the consistent view taken by this Court that the High Court
    and the Tribunal while exercising the judicial review do not act as an
    Appellate Authority:

    “Its jurisdiction is circumscribed and confined to correct
    errors of law or procedural error, if any, resulting in
    manifest miscarriage of justice or violation of principles of
    natural justice. Judicial review is not akin to adjudication
    on merit by reappreciating the evidence as an Appellate
    Authority.” (See Govt. of A.P. v. Mohd. Nasrullah Khan
    [(2006) 2 SCC 373 : 2006 SCC (L&S) 316], SCC p. 379,
    para 11.)

    9. It is impermissible for the High Court to reappreciate the evidence
    which had been considered by the inquiry officer, a disciplinary
    authority and the Appellate Authority. The finding of the High Court,
    on facts, runs to the teeth of the evidence on record.

    12. From the facts collected and the report submitted by the inquiry
    officer, which has been accepted by the disciplinary authority and
    the Appellate Authority.

    15. In Union of India v. Sardar Bahadur [(1972) 4 SCC 618 : (1972)
    2 SCR 218] it is held as under: (SCC p. 623, para 15)
    A disciplinary proceeding is not a criminal trial. The
    standard proof required is that of preponderance of
    probability and not proof beyond reasonable doubt. If the
    inference that lender was a person likely to have official
    dealings with the respondent was one which a reasonable
    person would draw from the proved facts of the case, the
    High Court cannot sit as a court of appeal over a decision

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    based on it. The Letters Patent Bench had the same power
    of dealing with all questions, either of fact or of law
    arising in the appeal, as the Single Judge of the High
    Court. If the enquiry has been properly held the question
    of adequacy or reliability of the evidence cannot be
    canvassed before the High Court. A finding cannot be
    characterised as perverse or unsupported by any relevant
    materials, if it was a reasonable inference from proved
    facts. (SCR p. 219)

    16. In Union of India v. Parma Nanda [(1989) 2 SCC 177 : 1989
    SCC (L&S) 303 : (1989) 10 ATC 30] it is held at SCC p. 189, para
    27 as under:

    “27. We must unequivocally state that the jurisdiction
    of the Tribunal to interfere with the disciplinary matters
    or punishment cannot be equated with an appellate
    jurisdiction. The Tribunal cannot interfere with the
    findings of the inquiry officer or competent authority
    where they are not arbitrary or utterly perverse. It is
    appropriate to remember that the power to impose
    penalty on a delinquent officer is conferred on the
    competent authority either by an Act of legislature or
    rules made under the proviso to Article 309 of the
    Constitution. If there has been an enquiry consistent with
    the rules and in accordance with principles of natural
    justice what punishment would meet the ends of justice is
    a matter exclusively within the jurisdiction of the
    competent authority. If the penalty can lawfully be
    imposed and is imposed on the proved misconduct, the
    Tribunal has no power to substitute its own discretion for
    that of the authority. The adequacy of penalty unless it is
    mala fide is certainly not a matter for the Tribunal to
    concern itself with. The Tribunal also cannot interfere
    with the penalty if the conclusion of the inquiry officer or
    the competent authority is based on evidence even if
    some of it is found to be irrelevant or extraneous to the
    matter.”

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    17. In Union Bank of India v. Vishwa Mohan [(1998) 4 SCC 310 :

    1998 SCC (L&S) 1129] this Court held at SCC p. 315, para 12 as
    under:

    “12. After hearing the rival contentions, we are of the
    firm view that all the four charge-sheets which were
    enquired into relate to serious misconduct. The
    respondent was unable to demonstrate before us how
    prejudice was caused to him due to non-supply of the
    enquiry authority’s report/findings in the present case. It
    needs to be emphasised that in the banking business
    absolute devotion, diligence, integrity and honesty needs
    to be preserved by every bank employee and in particular
    the bank officer. If this is not observed, the confidence of
    the public/depositors would be impaired. It is for this
    reason, we are of the opinion that the High Court had
    committed an error while setting aside the order of
    dismissal of the respondent on the ground of prejudice on
    account of non-furnishing of the enquiry report/findings
    to him.”

    18. In Chairman and MD, United Commercial Bank v. P.C. Kakkar
    [(2003) 4 SCC 364 : 2003 SCC (L&S) 468] this Court held at SCC
    pp. 376-77, para 14 as under:

    “14. A bank officer is required to exercise higher standards of
    honesty and integrity. He deals with the money of the depositors and
    the customers. Every officer/employee of the bank is required to take
    all possible steps to protect the interests of the bank and to discharge
    his duties with utmost integrity, honesty, devotion and diligence and
    to do nothing which is unbecoming of a bank officer. Good conduct
    and discipline are inseparable from the functioning of every
    officer/employee of the bank. As was observed by this Court in
    Disciplinary Authority-cum-Regional Manager v. Nikunja Bihari
    Patnaik
    [(1996) 9 SCC 69 : 1996 SCC (L&S) 1194] it is no defence
    available to say that there was no loss or profit resulted in case,
    when the officer/employee acted without authority. The very
    discipline of an organisation more particularly a bank is dependent
    upon each of its officers and officers acting and operating within

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    their allotted sphere. Acting beyond one’s authority is by itself a
    breach of discipline and is a misconduct. The charges against the
    employee were not casual in nature and were serious. These aspects
    do not appear to have been kept in view by the High Court.”

    19. In Regional Manager, U.P. SRTC v. Hoti Lal [(2003) 3 SCC
    605 : 2003 SCC (L&S) 363] it was pointed out as under: (SCC p.
    614, para 10)
    “If the charged employee holds a position of trust where
    honesty and integrity are inbuilt requirements of
    functioning, it would not be proper to deal with the matter
    leniently. Misconduct in such cases has to be dealt with
    iron hands. Where the person deals with public money or
    is engaged in financial transactions or acts in a fiduciary
    capacity, the highest degree of integrity and
    trustworthiness is a must and unexceptionable.”

    20. In Cholan Roadways Ltd. v. G. Thirugnanasambandam [(2005)
    3 SCC 241 : 2005 SCC (L&S) 395] this Court at SCC p. 247, para
    15 held:

    “15. It is now a well-settled principle of law that the
    principles of the Evidence Act have no application in a
    domestic enquiry.”

    13. This Court, in exercise of power under Article 226 of Constitution of India,
    cannot act as an Appellate Authority and cannot substitute its own findings by
    reversing the findings recorded by the Disciplinary Authority/Appellate
    Authority. This Court can interfere with the findings of fact, provided they are
    based on no evidence.

    14. Now, the only question for consideration is as to whether the findings
    recorded by disciplinary authority or appellate authority are based on no evidence
    or not?

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    15. It is evident from the record that Inquiry Officer conducted the enquiry
    after affording adequate opportunity of hearing to the petitioner and by following
    the principles of natural justice. The record also shows that the petitioner
    participated in the enquiry proceedings, presented his defence and submissions
    and examined witnesses before the Inquiry Officer. There is nothing on record to
    indicate that any statutory rule or provision of law was violated by the Inquiry
    Officer. It is also evident that the disciplinary authority imposed the punishment
    after considering the entire record of the departmental enquiry. Disciplinary
    Authority as well as the Appellate Authority passed reasoned orders after
    considering the entire material available on record. It is well settled that this
    Court, while exercising jurisdiction under Article 226 of the Constitution of
    India, does not act as an appellate authority over the findings recorded in a
    departmental enquiry. Nothing on record indicates any violation of the principles
    of natural justice or any bias in the conduct of the enquiry.

    16. The power of judicial review is confined to the decision-making process.
    The power of judicial review conferred upon the Constitutional Court is not that
    of an appellate authority. It is concerned with determining whether the inquiry
    was conducted by an authority competent in that behalf, in accordance with the
    prescribed procedure, and whether the principles of natural justice have been
    complied with. The power of judicial review is not an appeal against a decision
    but a review of the manner in which the decision has been made. It is meant to
    ensure that the individual receives fair treatment and not to ensure that the
    conclusion reached by the authority is necessarily correct in the eyes of the
    Court. Where the findings or conclusions are based on some evidence, the
    authority entrusted with the power to hold the enquiry has the jurisdiction, power,

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    and authority to arrive at findings of fact or conclusions. However, such findings
    must be based on some evidence. Neither the technical rules of the Evidence Act
    nor the strict rules regarding proof of facts or admissibility of evidence, as
    defined therein, apply to disciplinary proceedings. While exercising the power of
    judicial review, the Court or Tribunal does not act as an appellate authority to re-
    appreciate the evidence and arrive at its own independent findings. The Court
    may interfere with the conclusion or finding and mould the relief, where
    warranted, to make it appropriate to the facts of the case. The disciplinary
    authority is the sole judge of facts. Where an appeal is provided, the appellate
    authority has co-extensive powers to re-appreciate the evidence and examine the
    nature or quantum of punishment.

    17. In a disciplinary inquiry, strict proof of legal evidence and findings based
    thereon are not required. The departmental authority is the sole judge of the facts,
    provided that the inquiry has been properly conducted. It is the settled legal
    position that if there is some legal evidence on which the findings can be based,
    the adequacy or even the reliability of that evidence is not a matter to be
    canvassed before the High Court in a writ petition filed under Article 226 of the
    Constitution.

    18. Before parting with the matter, it would be appropriate to mention the
    statements of some prosecution witnesses of the departmental enquiry. In the
    departmental enquiry, statement of Kailash Narayan Verma (PW-1) has been
    taken. Relevant part thereof reads as under:-

    “ददिननाक 03.06.10 कको दिदैननक भनासकर गगुनना अकबनार ममें प्रकनानशित
    जजिसममे आरक्षक मननीष शिमनार्मा कको भगुलल्लनपगुरना नतरनाहमे पर ट्रक ममें एएंट्रट

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    ल्लमेतमे हगुयमे ददिखनायना गयना हदै। अखबबार ककी प्रतति ददेखनदे सदे आरक्षक
    मननीश शमबार्मा कबा हही फफोटट छपबा हहै।”

    19. In the departmental enquiry, statement of Rajendra Singh (PW-2) has been
    taken. Relevant part thereof reads as under:-

    “जजिसममें आर. क. ४३२ मननीशि शिमनार्मा ककी दडिययूटट भगुलल्लनपगुरना नतरनाहमे
    गगुनना ममें ददिननाएंक 27.04.10 कको 12 समे 16 बजिमे ददिननाएंक 09.05.10 कको 08
    समे 12 एवएं 16 समे 19 बजिमे तक ददिननाएंक 19.05.10 कको 12 समे 16, 19 समे 22
    एवएं 24.05.10 कको 08 समे 12 बजिमे तक ककी पनाइनट दडिययूटट ववतरण
    रजजिसटर कमे अनगुसनार अएंदकत हदैना ददिननाएंक 03.06.10 कना दिदैननक भनासकर
    गगुनना ममें प्रकनानशित समनाचनार पत्र पढना हदै जजिसमम आर. क; 432 मननीष
    शमबार्मा क व ट्रक कबा फफोटट छपबा हहैबा दकस ससनान पर फकोटयू नल्लयना गयना
    इसककी मगुझमे जिनानकनारट नहटएं हदैना ममैंनमे पयूवर्मा ममें भनी इसनी आशय कना
    प्रनासनमक जिनाएंच कसन ददियना सना जिको ई.एकस.पनी.-06 हदैना”

    20. The contention of the petitioner that Inquiry Officer has cross-examined
    the witnesses including the petitioner, for this reason the enquiry is vitiated. This
    contention is not accepted as the petitioner could not point out as to what
    prejudice was caused to him if clarificatory cross-examination was done by the
    Inquiry Officer. Accordingly, this Court is of the Considered opinion that the
    cross-examination done by the Inquiry Officer is merely clarificatory in nature
    and he has not acted as a Prosecutor and did not act in any manner as if he was
    interested in eliciting evidence to punish the petitioner.

    21. Furthermore, once the findings have been accepted by the disciplinary
    authority, the High Court, while exercising the power of judicial review, cannot
    interfere with the findings of fact by re-appreciating the evidence as if it were
    exercising appellate jurisdiction. Judicial review is not akin to adjudication on
    the merits by re-appreciating the evidence as an appellate authority. It is

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    23 W.P. No. 4334 of 2013

    appropriate to remember that the power to impose a penalty upon a delinquent
    employee is conferred upon the competent authority either under an Act of the
    Legislature or the Rules framed under the proviso to Article 309 of the
    Constitution of India. The adequacy of the penalty, unless it is shown to be mala
    fide or shockingly disproportionate, is not a matter with which the Court is
    ordinarily concerned. The Court also cannot interfere with the penalty where the
    conclusion of the Inquiry Officer or the competent authority is based on
    evidence, even if some part of the evidence is found to be irrelevant or
    extraneous to the matter.

    22. Considering the aforesaid, no case is made out warranting interference.
    Petition being sans substratum is hereby dismissed.

    (Anand Singh Bahrawat)
    Judge
    Abhi

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    CHATURVEDI
    Signing time: 8/4/2026
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